Allowed

Anupa Devi v. State of U.P.

Allahabad HC3 Jan 2023BAIL/55254/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal bail application filed by Anupa Devi in a dowry death case. Considering jail overcrowding, Article 21, and the release of a co-accused, the court granted bail with standard conditions without expressing a final opinion on the merits.

What did the court decide?

Released on bail upon furnishing a personal bond and two sureties in equal amount, subject to specific conditional undertakings including attendance at trial stages.

Anupa Devi Vs State of U.P. — Domestic Violence | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55254 of 2022

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Applicant :- Anupa Devi Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Babu Chaturvedi,Prabha Shanker Pandey Counsel for Opposite Party :- G.A.,Rajiv Dwivedi,Suparn Samadariya

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Anupa Devi , with a prayer to release her on bail in Case Crime No. 250 of 2022, under Sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Karwi, District-Chitrakoot, during pendency of trial.

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Learned counsel for the applicant submits that applicant is innocent and she has been falsely implicated in the present case. Applicant is a woman. Learned counsel for the applicant submits that applicant has no role, as alleged in the F.I.R.. Only general role has been assigned to applicant. Learned counsel for the applicant next argued that applicant has not participated in any manner as to insulting or provocating to the deceased for committing the suicide to deceased. It is further submitted that co-accused namely, Ram Prakash Pandey has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 15.11.2022 passed in Criminal Misc. Bail Application No.50555 of 2022. It is next submitted that applicant has no criminal history and she is languishing in jail since 08.07.2022 and in case, she is enlarged on bail she will not misuse the liberty of bail and shall cooperate with the trial.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the fact co-accused person has already been enlarged on bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the

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under trials and coupled with the fact that co-accused person has already been enlarged on bail and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail.

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The bail application is allowed .

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Let the applicant- Anupa Devi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer;

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The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.

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If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against her in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 3.1.2023 Sachin/-

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Digitally signed by SACHIN TIWARI Date: 2023.01.06 11:57:31 IST Reason: Location: High Court of Judicature at Allahabad

Anupa Devi v. State of U.P.

Case brief

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Anupa Devi v. State of U.P.

Case brief

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